Conflict of Interest Archives - Legal Ethics Advisor

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Crystal Ball Conflicts? Nevada Issues 1.7 Advice on Advance Conflict Waivers

by Lauren Maier in client waiver, client-lawyer relationship, Conflict of Interest. Posted January 25, 2022

Advance Conflict Waivers–Viable or Problematic? In 2021, the State Bar of Nevada Standing Committee on Ethics and Professional Responsibility published Formal Opinion No. 58, addressing the permissibility of prospective conflict waivers (also known as “future conflict waivers” or “advance conflict waivers”) under Nevada Rule of Professional Conduct 1.7 Under Nevada Rule 1.7(b), a client may ...

ABA Opinion 497: Material Adversity What’s a Lawyer to Do?

by Jan Jacobowitz in ABA, Attorney Client Relationship, Conflict of Interest, Ethics Opinion, legalethics. Posted February 13, 2021

The ABA Standing Committee on Ethics & Professional Responsibility release Opinion 497 to advise on an issue that plagues many lawyers in determining whether a conflict...

Relationships with Opposing Counsel: Cordial or Conflicted?

by Fahad Al Ashban in Conflict of Interest. Posted October 17, 2020

The American Bar Association recently issued Formal Opinion 494, which analyzes relationships among opposing attorneys in the context of the material limitation prohibition of the conflict rules.

Prospective Clients and Potential Conflicts

by Camila Rivero-Fernandez in Conflict of Interest. Posted July 2, 2020

In formal opinion 492, the ABA cautions lawyers about what is said during initial consultations with prospective clients, how this information could potentially lead to disqualification in a new matter, and how to mitigate this risk.

Same Firm, Different Sides? New York Bar Association Okays Opposing Sides with Amicus Briefs

by Esther Ponce de Leon in Advisory Opinion, Conflict of Interest, Uncategorized. Posted April 7, 2020

The New York State Bar Association advised that lawyers within the same firm may submit opposing amicus briefs to the Supreme Court of the United States if they act individuals rather than under the firm’s name.

On the Other Side = Disqualified

by Daniela Pessoa Valdes in Conflict of Interest. Posted March 24, 2020

The Washington Supreme Court recently held, in State v. Nickels, that an elected county prosecutor’s prior involvement in a defendant’s case should presumptively disqualify the entire prosecutor’s office from prosecuting the defendant in the same case. Disqualified

[…] of a non-binding advisory opinion, as has been the case with other jurisdictions such as, Florida, San Francisco, and Delaware, it is important to note that Ohio went a step further and amended its rule regarding […]

Remote Lawyering: New Jersey and Ohio On Board - Legal Ethics Advisor on Remote Work: San Francisco Bar Association Advice in Ethics Opinion 2021-1
Not all jurisdictions have adopted the Model Rule version of the choice of law rule; seems like there might be a different result in at least some of those states. See, e.g., NY RPC 8.5(b)(2)(i) ("If the lawyer is licensed to practice only in this state, the rules to be applied shall be the rules of this state").

Art Lachman on ABA Opinion 499 Green Lights Lawyers’ Passive Investment in Firms with NonLawyer Ownership

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